Language–Law Nexus in Legal Education: Achieving the Aspirations of the National Education Policy,2020

Abstract

The Constitution of India guarantees the right to practise any profession subject to reasonable restrictions and necessary professional qualifications. In the pursuit of professional legal practice, language plays a vital role. The Rules of Legal Education portray English as the predominant medium of instruction for legal education. According to Article 348 of the Constitution, until the Parliament by law provides otherwise, proceedings in the Supreme Court and different High Courts are mandated to be conducted in the English language. Proceedings before subordinate courts generally take place in regional or local languages. This situation presents a dichotomy. While English is a popular medium of instruction, it can be a barrier for students who come from a background where English is not widely spoken. It also poses a problem when the law student has gained a sufficient level of proficiency while studying law in the English language but may encounter difficulties in practising law before the subordinate courts. This research, therefore, explores the relationship between language in the study and practise of law and the purported goals of legal education considering the National Education Policy, 2020. The researchers collected and analysed data from universities and institutions in ‘law’ category based on the National Institutional Ranking Framework 2022. It was found that at the stage of granting admission, none of the universities and institutions under study were testing the linguistic skills in any language other than English of the aspirants willing to get admitted in the law degree programme. Further, at the stage of imparting legal education, the websites of only six universities and institutions displayed that courses were offered in some vernacular languages other than English and some other foreign languages. It is concluded that greater attention has to be paid towards resolving the issues associated with the language of learning and practising the law.